Does a Korean employer have to give time off for IVF or other infertility treatment? Article 18-3 of the Equal Employment Act says that when a worker asks, the employer must give up to 6 days a year of infertility treatment leave. Today the first 2 days are paid; an amendment of 26 May 2026 makes that the first 4 days from 27 November 2026. Article 76(1) item 3 of the Employment Insurance Act moves the insurance support for priority-support firms from the first 2 days to 4 on the same date. Enter the date and wage to see the paid days and the insurance share.
1. Up to 6 days a year, first 2 paid for now (Art. 18-3(1)).
2. From 27 November 2026 the first 4 days are paid — insurance support moves to 4 days too.
3. The insurance cap is 84,210 won a day — priority-support firms only, and the Notice so far covers 2 days.
Calculator
Updates as you type. We switch from 2 to 4 paid days by the date of the leave (our call; we did not read the transitional addenda). The Notice caps insurance at 84,210 won for 1 day and 168,420 won for 2 days; it has no cap yet for the third and fourth days, so those are counted but not priced.
The articles
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Equal Employment Act Art. 18-3(1) (current) | When a worker asks for leave for infertility treatment, the employer must give up to 6 days a year, with the first 2 days paid; if the timing seriously disrupts the business, the timing may be changed after consulting the worker. | Only the timing can change, not a refusal |
| Same paragraph (effective 27 Nov 2026) | Up to 6 days a year, the first 4 days paid. | Amended 26 May 2026 |
| Art. 18-3(2)–(3) | No dismissal, discipline or other unfavourable treatment; facts learned while handling the request must not be disclosed against the worker’s wishes. | — |
| Art. 18(2) | Benefits paid count, to that amount, as paid by the employer under Art. 18-3(1). | The employer’s share shrinks by what insurance pays |
| Employment Insurance Act Art. 76(1) item 3 | The first 2 days of the leave (the first 4 days from 27 Nov 2026), limited to priority-support firms. | No insurance support at other firms |
| Notice No. 2026-67, III | If pay for the first 2 days exceeds 168,420 won, 168,420 won; for the first day, 84,210 won | No cap for days 3–4; valid to 31 Dec 2026 |
Three sums — our examples
| Case (daily wage 100,000 won, priority-support firm) | Paid days · employer’s paid share | Insurance (within the Notice cap) |
|---|---|---|
| 3 days on 28 Oct 2026 | 2 paid · 200,000 won (day 3 unpaid) | 2 days · 168,420 won |
| 3 days on 30 Nov 2026 | 3 paid · 300,000 won | 2 days 168,420 won + day 3 with no Notice cap |
| 2 days in October, 3 more on 10 Dec | 2 paid (days 3–4) · 200,000 won | 0 days with a Notice cap |
The third case reads “the first 4 days” as counting on from days already used that year, so days 3 and 4 are paid — our reading. We didn’t read the transitional addenda (how days used before 27 November count); check with the employer and job centre if it applies. If the daily wage is below 84,210 won, insurance pays it in full — at 60,000 won, 120,000 won for 2 days (our sum).
The Notice is a month behind the Act
The Act raises insurance support to the first 4 days from 27 November 2026, but the current Notice (No. 2026-67, effective 18 September 2026) only sets caps for 1 day and 2 days. So the calculator counts days 3–4 of support but does not price them. We will update this when the Notice changes.
The partner’s leave after a birth is in paternity leave calculator; maternity leave pay is in maternity leave benefit calculator.
Checklist
- ☐ Within 6 days a year — counting days already used
- ☐ Is the leave before or after 27 November 2026?
- ☐ Is the firm a priority-support firm?
- ☐ If the employer wants another date, it is a consultation — the article has no refusal
Questions that remain
Can I still take the unpaid days off?
Yes. The employer must give up to 6 days a year; only the first 2 (4 from 27 November) are paid. The rest are days off without a duty to pay wages (as the article says).
Will people at work find out?
Art. 18-3(3) bars the employer from disclosing what it learns while handling the request against the worker’s wishes.
Sources
- Korean law database (law.go.kr) — Equal Employment Act Arts. 18, 18-3 — source (current text, effective 18 September 2026, Act No. 21476 · Art. 18-3 also shown as effective 27 November 2026; checked 26 October 2026). Art. 18-3(1)–(4) (6 days a year, first 2 then 4 days paid, timing, no unfavourable treatment, confidentiality), Art. 18(2) (counts as paid by the employer).
- Korean law database — Employment Insurance Act Art. 76 — source (effective 18 September 2026, Act No. 21473 · Art. 76 also shown as effective 27 November 2026). Item 3: first 2 then 4 days, priority-support firms only.
- Korean law database — Notice on the caps for maternity-period leave benefits — source (effective 18 September 2026, Notice No. 2026-67). Section III: 84,210 won for 1 day, 168,420 won for 2; valid to 31 December 2026.
- Not read. Transitional addenda; the Presidential Decree on applying.
- What we added. The “worth noting” column and the Korean everyday gloss.
Where to check further
- Work24 or your local job centre — leave spanning 27 November, and the benefit claim.
Written on 26 October 2026. The content is from the source; the glosses are ours.
